10 Apps To Help Manage Your Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans disability lawyers, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to pay him back the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks monetary damages, and wants the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This could be a valuable asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your health condition. A medical professional, for example, veterans disability lawsuits may be able to prove that your pain is due to your service-related injury and is disabling. They might be able assist you in getting the medical records you require to prove your claim.